SACHIN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME GOVT. OF U.P. LKO. AND 3 OTHERS
/7221/2025 · 2025-08-05
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155847 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155847 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45301 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7221 of 2025 Applicant :- Sachin Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Of U.P. Lko. And 3 Others Counsel for Applicant :- Pankaj Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Pankaj Kumar, learned counsel for the applicant, Sri Hansraj Verma, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0063 of 2025, under Sections 76, 352, 351(3) B.N.S., 2023 and Section 9M/10 of of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Pisawan, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.02.2025 stating that the applicant taken away the informant's daughter aged about seven years inside his home, gave Rs.10/- and asked her to take off her clothes. As soon as he had taken off all her clothes the informant's wife reached there and scolded the applicant. 4. In the statement of the informant recorded under Section 180 BNSS she reiterated the F.I.R. version and similar statement was given by the victim also. In the statement of the victim recorded under Section 183 BNSS she stated that the applicant had taken off all her clothes. The victim has been examined by the trial court as PW-1. In her examination-in-chief she reiterated her statement under Section 183 BNSS but in her
cross-examination she stated that the police had come to her place on the date of the incident. The applicant had called the police as an altercation had taken place between the family members of the applicant and the family members of the victim. She state that she had been tutored before giving her statement in examination-in-chief. 5. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 22 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the statement given by the victim during her cross-examination coupled with the fact that as the victim has already been examined, in case of his release on bail the applicant will not be in a position to influence her and that the applicant has no previous criminal history and he is languishing in jail since 23.03.2025 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Sachin Kumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 5.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench